Hi everyone! I'm a long time lurker first time writer so it feels like I kinda already know a lot of you! lol! Here is our situation...
We found this house we really like, made an offer which was accepted and had this clause on the S&P:
"This agreement is conditional upon the purchaser obtaining and approving a building report fo the Property, including any engineering issues 15 working days from the date of this contract. This clause is inserted for the sole benefit of the purchaser and may, at any time prior to the agreement being cancelled, be waived by the purchaser giving written notice the vendor."
Offer is also conditional on LIM report.
The house is from 1991 (Auckland), we were pretty confident that was a good year! So we had a building report done straight away and the kicker is that I think there is illegal work under the house. The house is on a slope and at some point (REA says not current owners) excavated part of the earth under the house to make a flat space for a car and inserted a DIY garage door. (No concrete or anything, just flat earth.) First problem is that they excavated around the support posts and we are now having an engineer come look at it. However, that can most likely be fixed. My concern is that this "project" is not legal and has no consent. The building inspector said that if it was done before 1992 council would have no record and we would have to get a certificate of acceptance. If it was done after 1992 with no consent I'm not sure what our options are.
I have ordered a LIM report which should arrive in the next couple of days and I'm going to look at the property file tomorrow. Can you please advise me, good people, as to what our option are if this work is not recorded anywhere? (Please don't say "Decide if you like the property enough to pay for consent etc." I'm after specific steps I can take here.) My mum reckons that the vendor should pay for all consents but I haven't talked to the lawyer yet.
Thanks
We found this house we really like, made an offer which was accepted and had this clause on the S&P:
"This agreement is conditional upon the purchaser obtaining and approving a building report fo the Property, including any engineering issues 15 working days from the date of this contract. This clause is inserted for the sole benefit of the purchaser and may, at any time prior to the agreement being cancelled, be waived by the purchaser giving written notice the vendor."
Offer is also conditional on LIM report.
The house is from 1991 (Auckland), we were pretty confident that was a good year! So we had a building report done straight away and the kicker is that I think there is illegal work under the house. The house is on a slope and at some point (REA says not current owners) excavated part of the earth under the house to make a flat space for a car and inserted a DIY garage door. (No concrete or anything, just flat earth.) First problem is that they excavated around the support posts and we are now having an engineer come look at it. However, that can most likely be fixed. My concern is that this "project" is not legal and has no consent. The building inspector said that if it was done before 1992 council would have no record and we would have to get a certificate of acceptance. If it was done after 1992 with no consent I'm not sure what our options are.
I have ordered a LIM report which should arrive in the next couple of days and I'm going to look at the property file tomorrow. Can you please advise me, good people, as to what our option are if this work is not recorded anywhere? (Please don't say "Decide if you like the property enough to pay for consent etc." I'm after specific steps I can take here.) My mum reckons that the vendor should pay for all consents but I haven't talked to the lawyer yet.
Thanks
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